Section 143(1) of the Income Tax Act

Income-tax Act, 2025: s.270

Section 143(1) falls under section 143 of the Income-tax Act, 1961, which corresponds to section 270 (Assessment) of the Income-tax Act, 2025.

Read section 270 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 143(1) is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 of the 12,311 judgments on BharatTax that turn on this section.

Leading authorities on Section 143(1)

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

Goetze (India) Ltd. v. CIT
284 ITR 323 · 2006 · Supreme Court
1,842
citing judgments

An assessee cannot raise a new claim or a claim not made in the original or revised return of income for the first time directly before the Assessing Officer during assessment proceedings.

CIT v. AIMIL Ltd.
321 ITR 508 · 2010 · High Court
1,629
citing judgments

Employee contributions to PF and ESIC, deposited beyond the due date under the respective Acts but within the due date for filing the income tax return under Section 139(1), are allowable deductions under Section 36(1)(va). Such disallowance cannot be made during processing under Section 143(1).

CIT v. Vatika Township Pvt. Ltd.
367 ITR 466 · 2014 · Supreme Court
1,558
citing judgments

Taxing statutes are presumed to operate prospectively unless a clear contrary intention for retrospective application is evident. The law applicable for determining tax liability is that which stands on the first day of the assessment year, following the principle that law looks forward, not backward (lex prospicit non respicit).

Checkmate Services Pvt. Ltd. v. CIT
143 Taxmann.com 178 · 2022 · Supreme Court
1,392
citing judgments

Employee contributions to provident fund and ESI deposited by an employer beyond the due dates prescribed under the respective special Acts are not allowable as a deduction under section 36(1)(va) of the Income-tax Act, 1961. Such disallowance can be made during processing under section 143(1).

CIT v. Alom Extrusions Ltd.
319 ITR 306 · 2009 · Supreme Court
1,344
citing judgments

A proviso inserted into a section to remedy unintended consequences, make the section workable, or supply an obvious omission must be read retrospectively in operation to give effect to the section as a whole.

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

CIT v. Sun Engineering Works (P) Ltd.
198 ITR 297 · 1992 · Supreme Court
814
citing judgments

A court's pronouncement derives its scope and color from the specific questions involved in the case, thus, due regard must always be given to the questions framed before the court when interpreting its judgment.

Pr. Commissioner of Income Tax and Anr. v. Totagars Cooperative Sale Society
392 ITR 74 · 2017 · High Court
762
citing judgments

Interest income earned by a cooperative society from its investments or surplus deposits with a cooperative bank is eligible for deduction under Section 80P(2)(d) of the Income-tax Act, 1961.

279 ITR 331/149 Taxman 15 (Guj.); 5. CIT v. Sabari Enterprises
298 ITR 141 · 2008 · High Court
706
citing judgments

Employee contributions to provident fund or ESI, even if deposited after the due date specified in the respective welfare statutes, are allowable as a deduction under Section 36(1)(va) if paid before the due date for filing the income-tax return. This judgment aligns the treatment of employee contributions with employer contributions under Section 43B.

Judgments on Section 143(1)

Yad Associates, Mumbai vs. Assessing Officer, Circle 17(3), Mumbai

In the result, the appeal of the assessee is dismissed

ITA 333/MUM/2023[2018-19]Status: DisposedITAT Mumbai30 May 2023AY 2018-19

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.333/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2018-19) Yad Associates बिधम/ Assessing Officer, Circle- 10, Daulat Mension, 17(3) Vs. Barrack Road, New Marine Maharshi Karve Rd, New Lines-400020. Marine Lines, Churchgate, Mumbai- 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaafy0039P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Sunil Hirawat Revenue By: Ms. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 12/04/2023 घोषणा की तारीख /Date Of Pronouncement: 30/05/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 27.12.2022 For Assessment Year 2018-19. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Disallowance Of Rs.92,627/- By Cpc U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”) For Belated Remittance Of Pf/Esic U/S 36(1)(Va) Of The Act. 3. At The Outset, The Ld. Ar Of The Assessee Shri Sunil Hirawat Drew Our Attention To The Chart (Infra) Which Shows (I) Month Of Salary (Ii) Date On Which Salary Paid (Iii) Employees Contribution To Esic (Iv) Due Date Of Esic Payment (V) Actual Date Of Esic Payment & Delay In Payment In Accordance To The Assessee. Likewise, The Assessee Has Also Given The Chart Of Provident Fund Which Is As Under: -

For Appellant: Shri Sunil HirawatFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 143(1)Section 36(1)(va)

Ed281 Kuttaithayirpalayam Milk Producers Cooperative Society, Erode vs. ITO, Ward-1(1), Erode

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 430/CHNY/2023[2019-20]Status: DisposedITAT Chennai29 May 2023AY 2019-20

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.429 & 430/Chny/2023 िनधा"रण वष"/Assessment Years: 2018-19 & 2019-2020 Ed281 Kuttaithairpalayam Milk Vs. The Income Tax Officer, Producers Co-Operative Society, Ward 1(1), Vadakkuthairpalayam Post, Chithode Erode. Via, Erode Taluk, Tamil Nadu 638 102. [Pan:Aaaae6749D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.05.2023 घोषणा की तारीख /Date Of Pronouncement : 29.05.2023 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against The Different Orders Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi Both Dated 03.02.2023 Relevant To The Assessment Years 2018-19 & 2019-20. 2. Brief Facts Of The Case Are That The Assessee Has Filed The Return Of Income For The Assessment Year 2018-19 On 30.03.2019 Admitting Nil Income After Claiming Deduction Under Section 80P Of The Income Tax Act

For Appellant: NoneFor Respondent: Shri P. Sajit Kumar, JCIT
Section 119(2)(b)Section 139(1)Section 143(1)Section 80PSection 80P(2)

Ed281 Kuttaithayirpalayam Milk Producers Cooperative Society, Erode vs. ITO, Ward-1(1), Erode

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 429/CHNY/2023[2018-19]Status: DisposedITAT Chennai29 May 2023AY 2018-19

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.429 & 430/Chny/2023 िनधा"रण वष"/Assessment Years: 2018-19 & 2019-2020 Ed281 Kuttaithairpalayam Milk Vs. The Income Tax Officer, Producers Co-Operative Society, Ward 1(1), Vadakkuthairpalayam Post, Chithode Erode. Via, Erode Taluk, Tamil Nadu 638 102. [Pan:Aaaae6749D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 29.05.2023 घोषणा की तारीख /Date Of Pronouncement : 29.05.2023 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against The Different Orders Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi Both Dated 03.02.2023 Relevant To The Assessment Years 2018-19 & 2019-20. 2. Brief Facts Of The Case Are That The Assessee Has Filed The Return Of Income For The Assessment Year 2018-19 On 30.03.2019 Admitting Nil Income After Claiming Deduction Under Section 80P Of The Income Tax Act

For Appellant: NoneFor Respondent: Shri P. Sajit Kumar, JCIT
Section 119(2)(b)Section 139(1)Section 143(1)Section 80PSection 80P(2)

Fakhri Co-Operative Housing Society Ltd.Ustee Company Ltd As Trustee for Fccb Issued by Jindal Saw Ltd., Mumbai vs. CIT (A), Delhi

In the result, appeal filed by the Appellant stands allowed for statistical purposes

ITA 785/MUM/2023[2013-14]Status: DisposedITAT Mumbai29 May 2023AY 2013-14

Bench: Shri Narender Kumar Choudhryfakhri Co-Operative Versus Commissioner Of Housing Society Ltd. Income Tax 422, Matharpakhadi Road, (Appeals) Mazgaon, Nfac, Delhi. Maharashtra-400010. Pan: Aaaaf1078N Appellant Respondent Appellant/Assessee By : Sh. Murtaza Quresh Ghandiali & Ms. Sabeena Darukhanawal, Ar Respondent/Department By : Ms. Mini Vinod, Dr Date Of Hearing : 29/05/2023 Date Of Pronouncement : 29/05/2023 Order Narender Kumar Choudhry, J.M: This Assessee/Appellant Herein Has Preferred This Appeal Against The Order Dated 12.01.2023 Impugned Herein Passed By Ld. Commissioner Of Income Tax (Appeals) / Nfac, Delhi {In Short ‘Ld. Commissioner’} U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For Ay 2013-14. Fakhri Co-Operative Housing Society Ltd. 2. In This Case, The Appellant Earned Interest From Co- Operative & Other Banks & Therefore, Filed Its Return Of Income For The Ay 2013-14 On 22.08.2013 Which Was Processed By Cpc & Vide Intimation Dated 12.11.2014 Under Section 143(1) Of The Act, The Amounts Of Rs. 2,08,071/- & Rs. 50,000/- Have Not Been Considered Under Section 80P(2)(C)(Ii) & Consequently Disallowed.

For Appellant: Sh. Murtaza QureshFor Respondent: Ms. Mini Vinod, DR
Section 143(1)Section 154Section 249Section 249(2)Section 249(3)Section 250Section 80P(2)(c)